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Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 85d
- Paragraph text
- [In terms of prevention and the promotion of rights, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Identify measures to prevent the sexual and labour exploitation of children, including by establishing accessible, safe and regular channels of migration, respecting the principle of non-refoulement and ensuring that, whenever relevant, migrant and refugee children have regular access to the labour market in the host country;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 76
- Paragraph text
- Living in limbo for long periods owing to delays or inefficiencies in or the absence of regular channels for migration may drive children who have depleted their financial resources to seek alternative ways, whether legal or illegal, to earn money either to survive or to continue their journeys. This situation leads them into the arms of criminals who are able to facilitate their passage to other countries. Moreover, the use of detention for children on the move is contrary to their rights, is especially detrimental to their well-being and should not be resorted to. In addition, while it is fundamental to pursue ongoing efforts to investigate and prosecute smugglers and traffickers, more emphasis must be placed on reducing the vulnerabilities of children on the move.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 80c
- Paragraph text
- [In terms of identification, all States, particularly those hosting children who are victims of exploitation in situations of conflict and humanitarian crisis, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Enhance the capacity of all stakeholders, including border and law enforcement officials, front-line workers and volunteers, in places where migrants or refugees reside, including reception centres, refugee camps or informal settlements, and in areas of arrival of large influxes of people fleeing conflict and humanitarian crisis, to ensure the systematic registration of all, including children, and the identification of cases and risks of trafficking and exploitation of children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81d
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure the provision of health and psychosocial services in places where migrants or refugees reside, including reception centres, refugee camps or informal settlements, as well as access to education, religious and cultural practices. Ensure also that practitioners are trained and supported in working with distressed, traumatized children and victims of trafficking and exploitation. Services must be child-friendly and give consideration to the cultural, religious and social norms and values of these children;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 85b
- Paragraph text
- [In terms of prevention and the promotion of rights, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Prevent the sale of and trafficking in children, especially targeting unaccompanied children, such as orphans, children left behind by parents fleeing conflict and children moving alone to flee conflict and humanitarian crisis areas;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81f
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Appoint trained and independent translators in areas and services that are or could potentially be in contact with vulnerable migrant and refugee children to facilitate effective communication and access to services;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 75
- Paragraph text
- Existing prevention mechanisms and responses to various forms of exploitation of children in the context of conflict and humanitarian crisis are largely ineffective and lead to precariousness. Indeed, the accurate identification of children who are victims of sale, trafficking and other forms of exploitation is hindered by the inadequate training, or lack thereof, of frontline workers, challenges in age and filiation determination, and a lack of communication and coordination among various actors. In spite of some promising practices, the interim care of and durable solutions for vulnerable children on the move often do not consider the specific needs of children, especially those separated or unaccompanied who live in mixed spaces with adult migrants or refugees in areas or camps that lack basic amenities. The existence of numerous cases of sexual exploitation of children is an additional indication of the failure of a protection system meant to safeguard them.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 86b
- Paragraph text
- [In terms of cooperation and coordination, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Actively participate in and support international initiatives, such as Alliance 8.7 and the Global Partnership to End Violence against Children, aimed at achieving the Sustainable Development Goals, to ensure that children grow up free from violence and exploitation, and engage in the global compact for safe, orderly and regular migration and the global compact on refugees;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81b
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Recognize the international protection needs, actual and potential, of children and adopt standardized, child-sensitive screening protocols, as well as child-friendly mechanisms to systematically report and respond to instances of missing children, including by reporting to the police;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 82d
- Paragraph text
- [In terms of durable solutions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Grant non-nationals who are victims of trafficking residence status and assistance, not to be made conditional on the initiation of criminal proceedings or their cooperation with law enforcement authorities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81e
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Create safe child-friendly spaces in places where migrants or refugees reside, including reception centres, refugee camps or informal settlements that host children and offer them space for recreation, study and rest, separated from other facilities, and ensure that those areas are family-based and family-like, whenever possible;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 82c
- Paragraph text
- [In terms of durable solutions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Fully respect non-refoulement obligations deriving from international human rights, humanitarian, refugee and customary international law, in particular the obligations codified in article 33 of the Convention relating to the Status of Refugees of 1951 and article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The repatriation of any child can only be decided when it is evidenced on a case-by-case basis that it is in his or her best interests and after ensuring, by means of a procedure with proper safeguards, that the child, upon return, will be safe and provided with proper care and custody;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81a
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Adopt proactive protection measures based on the best interests of the child and in line with international humanitarian, human rights and refugee laws, as well as general comment No. 14 (2013) of the Committee on the Rights of the Child to have his or her best interests taken as a primary consideration when indications of sale, trafficking or other forms of exploitation are found; and take all the necessary measures to prevent the illegal adoption and sale of children in the context of conflict and humanitarian crises;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 85c
- Paragraph text
- [In terms of prevention and the promotion of rights, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Prevent sexual exploitation by the military, extremist groups or family members, as well as child or forced marriages, whether in refugee or internally displaced persons camps or in the host country;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Rights of rural women 2016, para. 80
- Paragraph text
- States parties should address housing as part of overall rural development and ensure that measures are developed in consultation with rural women. States parties should improve the quality of rural housing through the design and implementation of targeted policies and programmes that take into account the specific needs of rural women. Such efforts should be made in line with international housing rights standards, including the basic principles and guidelines on development-based evictions and displacement (A/HRC/4/18, annex I), and should contain strong measures to protect rural women effectively from forced eviction by State and non-State actors.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 90
- Paragraph text
- States parties should ensure the implementation of general recommendation No. 26 (2008) on women migrant workers, paying special attention to rural women working as seasonal migrant farmworkers. They should in this regard ensure legal protection for the rights of rural women migrant workers and access to remedies, protecting both documented and undocumented rural women migrant workers from discrimination or sex-based exploitation and abuse.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 29
- Paragraph text
- In line with general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, States parties should ensure that rural women may acquire, change, retain or renounce their nationality, or transfer it to their children and foreign spouse under the same conditions as men, and that they are aware of their rights in this regard. States parties should also provide rural women with access to personal identification documents (such as identity cards, passports and social security numbers) and ensure that civil registration procedures, including for birth, marriage, divorce and death, are accessible in rural areas.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 25b
- Paragraph text
- [States parties should prevent and eliminate all forms of violence against rural women and girls, and, in line with general recommendations No. 19 and No. 33:] Take effective measures aimed at preventing, investigating, prosecuting and punishing acts of violence against rural women and girls, including migrant rural women and girls, whether perpetrated by the State, non-State actors or private persons;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Women’s access to justice 2015, para. 53b
- Paragraph text
- [The Committee recommends that States parties:] Ensure that a decision rejecting an application is reasoned and that the claimant is able to appeal to a competent body against the decision, and that the implementation of any prior administrative decisions is suspended pending further judicial review. This is of particular importance in the area of asylum and migration law, where appellants may be deported before having the chance to have their cases heard;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 51n
- Paragraph text
- [The Committee recommends that States parties:] Ensure that mechanisms are in place to monitor places of detention, pay special attention to the situation of women prisoners and apply international guidance and standards on the treatment of women in detention;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 38
- Paragraph text
- States parties should interpret the definition of a refugee in the 1951 Convention relating to the Status of Refugees in line with obligations of non-discrimination and equality; fully integrate a gender-sensitive approach while interpreting all legally recognized grounds; classify gender-related claims under the ground of membership of a particular social group, where necessary; and consider adding sex and/or gender, as well as the reason of being lesbian, bisexual or transgender, and other status to the list of grounds for refugee status in their national asylum legislation.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- LGBTQI+
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 41
- Paragraph text
- States parties should cooperate with all United Nations agencies, in particular the Office of the United Nations High Commissioner for Refugees (UNHCR), in relation to asylum systems and procedures to give effect to the provisions of the Convention and other instruments for refugees with a view to promoting the rights of women asylum seekers and refugees. They should collaborate with civil society and grass-roots non-governmental organizations supporting women asylum seekers and refugees.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 42
- Paragraph text
- Asylum procedures of States parties should ensure that women are able to lodge independent asylum applications and be heard separately, even if they are part of a family seeking asylum. States parties should accept that, when the principal claimant is recognized as a refugee, other members of the family should normally also be recognized as refugees ("derivative status"). Just as a child can derive refugee status from the recognition of a parent as a refugee, a parent should be granted derivative status based on the child's refugee status. It is essential that women who are recognized as refugees, whether in their own right or as derivative status holders, be issued with individual documentation in order to prove their status, be protected from refoulement and secure associated rights.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 44
- Paragraph text
- States parties should ensure that their border police and immigration officials are adequately trained, supervised and monitored for gender-sensitivity and non-discriminatory practices when dealing with women asylum seekers and refugees. They should ensure that they adopt and implement a gender-sensitive approach of a proper identification system for women asylum seekers and refugees that is not based on prejudices and stereotyped notions of women, including for victims of trafficking and/or sexual exploitation.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 39
- Paragraph text
- States parties should report to the Committee on their national policy and legislation with regard to asylum seekers and refugees and gather, analyse and make available sex-disaggregated statistical data and trends over time on asylum claims, countries of origin, reasons for seeking asylum and recognition rates.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 43
- Paragraph text
- States parties should not deem that a woman asylum seeker lacks credibility for the mere reason of lack of documentation to support her asylum claim. Instead, they should take into account that women in many countries do not possess documentation in their respective countries of origin and seek to establish credibility by other means.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 36
- Paragraph text
- States that are parties to regional refugee or asylum instruments should ensure that they respect the rights of women in need of international protection and apply those instruments in a gender-sensitive manner. They should also ensure that women enjoy the benefits of those instruments without discrimination and on the basis of substantive equality.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 63g
- Paragraph text
- [In the light of the foregoing, the Committee recommends that States parties that have not already done so:] Address indirect discrimination in nationality laws that arise, for example, through naturalization requirements that may be more onerous for women to meet in practice than for men;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 50b
- Paragraph text
- [States parties should institute gender-sensitive procedural safeguards in asylum procedures to ensure that women asylum seekers are able to present their cases on the basis of equality and non-discrimination. States parties should ensure:] That women asylum seekers are provided with information about the status of the determination process and how to gain access to it, in addition to legal advice, in a manner and language that they understand. They should be informed of the right to and, upon request, be provided with, a female interviewer and interpreter;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 50c
- Paragraph text
- [States parties should institute gender-sensitive procedural safeguards in asylum procedures to ensure that women asylum seekers are able to present their cases on the basis of equality and non-discrimination. States parties should ensure:] That women asylum seekers have access to competent legal representation in advance of the initial asylum interview. Where necessary, they should be afforded legal assistance free of charge. Unaccompanied and separated girls must in all cases be assigned a qualified legal representative and a guardian to assist them through the asylum procedure and ensure respect for their best interests;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
Paragraph